Calcutta High Court
Transform Steel Private Limited vs Srei Equipment Finance Limited … on 21 January, 2021OC 11
ORDER SHEET
AP/35/2021
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL DIVISION
TRANSFORM STEEL PRIVATE LIMITED
VERSUS
SREI EQUIPMENT FINANCE LIMITED AND ORS.
BEFORE:
The Hon’ble JUSTICE DEBANGSU BASAK
Date: 21st January, 2021.
(Via Video Conference)
Appearance:
Mr. Ranjan Bachawat, Sr. Adv.
Mr. S.N. Mitra, Sr. Adv.
Mr. Soumabho Ghose, Adv.
Mr. Saptarshi Mandal, Adv.
The Court: In this application under Section 9 of the Arbitration and Conciliation
Act, 1996, the petitioner seeks interim protection.
Learned senior advocate appearing for the petitioner draws the attention of the
Court to the fact that the petitioner applied under Section 9 of the Act of 1996 in the
regular business. The disputes were found to be the ‘commercial disputes’ within the
meaning of Commercial Courts Act, 2015. He submits that an interim order was passed
on November 12, 2020 in AP/343/2020 upon hearing both the parties. Such interim
order was extended on December 7, 2020. The petitioner is not at fault in filing an
initial application under section 9 of the Act of 1996 being AP/343/2020 not in the
commercial division but before the regular Court. He submits that the same interim
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order may be directed to be continued in the present proceedings. The petitioner
undertakes to have AP/343/2020 withdrawn. He submits on instruction that the
petitioner will take expeditious steps for the purpose of making the reference to
arbitration.
The respondents are represented.
It appears that, the petitioner moved the Court under Section 9 of the Act of 1996
in AP/343/2020 when an interim order was passed on November 12, 2020 after hearing
the parties. Such interim order was extended on December 7, 2020. The petitioner
thereafter discovered that the disputes are commercial disputes within the meaning of
the Act of 2015, and, therefore, filed the present application.
For the ends of justice, it would be appropriate to direct the interim order dated
November 12, 2020 passed in AP/343/2020, which was extended on December 7, 2020,
to continue till March 31, 2021 or until further orders whichever is earlier.
Let affidavit-in-opposition be filed within three weeks from date; reply, if any,
within two weeks thereafter. List the application as ‘Adjourned Motion’ five weeks hence.
List the application as ‘New Motion’ on January 28, 2021 also when the parties
will inform the Court as to whether they are in a position to agree an Arbitrator or not.
(DEBANGSU BASAK, J.)
B.Pal
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